In the ongoing battle to have zoo standards enforced in Alberta to
protect Lucy, the lone elephant at the Edmonton Valley Zoo, Zoocheck and
Voice for Animals has filed an Originating Application for
Judicial Review. We strongly oppose the government of Alberta’s
decision to renew the Valley Zoo’s permit since they have failed to
comply with the zoo standards for many years.

“Alberta’s Zoo Standards require that animals be kept in appropriate
social groups and that the enclosures meet the animals’ basic needs.
This is not being done for Lucy,” reported Julie Woodyer, Campaigns
Director for Zoocheck. “We advocated for many years to get the Alberta
Zoo Standards enacted, and although among the best in Canada, we now
want to ensure they are enforced.”

“Lucy’s circumstances are inadequate in so many ways and most
importantly they fail to comply with Alberta’s Zoo Standards. The Zoo
Standards were enacted to protect captive animals in Alberta and,
therefore, must be enforced.” Tove Reece, Executive Director, Voice for
Animals.

Several affidavits have been submitted with the originating
application with evidence to support the assertion by Zoocheck and Voice
for Animals that the Ministry of Environment and Parks has failed to
meet their duty to ensure that the Valley Zoo is in compliance with the
Zoo Standards prior to issuing a zoo permit.

“We would like to acknowledge the loss of an important member of our Edmonton Valley Zoo family. Dr. Milton Ness, a passionate and dedicated friend to all animals,” the statement read.

“Our thoughts are with his family and all of his co-workers at this difficult time. He will be greatly missed.”

But like some of his endeavours, that post attracted some negative comments, primarily linked to his fight to keep Lucy in Edmonton.

Ness has been a vocal proponent of keeping the pachyderm in our city -- she’s been here for most of her 37-years -- as he says the move to a sanctuary in the Southern United States would likely kill her.

The Society quickly put a stop to the negativity, saying “using this post to further you personal agenda, cause grief to the family and friends of a man who was respected, loved and dedicated his life to animals is unacceptable.”

Others however noted how much Ness had touched their lives in his career that spanned some 30 odd years.

“So sorry to hear this,” wrote Judy Dehoog. “He was our first veterinarian many years ago. His passion for Edmonton’s animals will truly be missed.”

Ness graduated from the Western College of Veterinary Medicine in Saskatoon in 1982.

He came to the Valley Zoo as a full time vet back in 2007 -- after studying at the University of Saskatchewan and getting his start working on bison and elk at a rural clinic.

In 2012, Ness was honoured by the Alberta Veterinarian Medical Association for his exceptional communication with Edmonton residents.

The city was unable to comment on what will happen with future care of Lucy and other zoo animals while they work to find a replacement.

Moving elephant would endanger its health, city officials argue

Otiena Ellwand,
Edmonton Journal, Monday, October 28, 2013

The
debate surrounding the Valley Zoo's lone elephant is back in the
spotlight after the Toronto Zoo successfully transported its three
elephants to a sanctuary in California last weekend.

A local
animal-rights organization staged a protest Sunday at the west-end zoo
to demand the city convene a panel of experts to examine Lucy the Asian
elephant and reassess whether it's safe enough to move her. The group
says elephants are social by nature and shouldn't be kept alone or live
in a climate like Edmonton's.

"I'd like to ask city council to
look to Toronto," said Stacie Leppky, a board member with Voice for
Animals Humane Society. "Everyone in Canada is moving their elephants
and they need to step up and do something," At the beginning of
September, the Calgary Zoo transported its one male elephant to a zoo in
Florida and plan to move its three female elephants to a zoo in
Washington, D.C. this spring.City
of Edmonton spokesman Jason Darrah said Lucy has respiratory problems
that make it difficult for her to breathe when she's in stressful
situations, and moving her would exacerbate that.

"Based on
third-party scientific review and veterinary care, we have been advised
that Lucy is well adjusted and has some manageable health issues,
however moving her would cause her serious health risks and would likely
kill her," Darrah said Sunday.

Those visiting the zoo Sunday
morning had to walk past about 30 protesters to get inside and were
reluctant to talk about the issue. Protesters stood by holding signs
with slogans such as Nightmare at the Zoo, Free Lucy and Boo Hoo Zoo.

Visitor
Jessica Hogan said she believes that at 38, Lucy is too old to be
moved. "She has to stay where she is. She has too many health issues."

Hazel Roy, who attends the zoo regularly, pondered how the protesters would respond should Lucy die during transport.

"How
would everyone here feel? Would they blame the zoo?" Tove Reece,
executive director of Voice for Animals Humane Society, responded to
Roy's comment by saying, "If that should happen, I would say life here
is worse."

While the group does not want any harm to come to Lucy,
it challenges the findings of Dr. James Oosterhuis, the elephant expert
the city hired in 2009 and 2012, who determined that moving Lucy would
be life-threatening.

"If a group of experts came in and said it's
too dangerous to move her, we'd back off," Reece said. "We don't want to
send her to a certain death."

Darrah said as part of the zoo's
ongoing care of all animals, "we regularly bring in other experts ... to
support our veterinarian with his work."

The Valley Zoo doesn't plan on housing any more elephants after Lucy.

In 2007, a 25-year-old African elephant living at the Alaska Zoo in Anchorage was transferred to California after much debate.

Female Asian elephants will be relocated to the Smithsonian's National Zoo in the U.S. capital

The Calgary Zoo is sending its remaining elephants to a facility in Washington, D.C.

Next spring Kamala, Swarna and Maharani will head to the Smithsonian's National Zoo.

They
will be reunited with a couple of elephants that two of them lived with
at an orphanage in Sri Lanka more than 30 years ago.

Donald
Moore, an official with Smithsonian's, says they'll be studying them to
see if the elephants remember each other and how they'll react.

"We
think they'll remember each other, and we are in conversation about how
to study that along with some university researchers in psychology and
communications," he said. "So it's going to be a very exciting time for
these elephants in Washington, D.C."

The zoo announced earlier
this summer that its lone male Asian elephant, Spike, will be moved to
the Busch Gardens zoo in Tampa, Fla., later this year.

Zoo
officials said they did an extensive international search and this
accredited facility met their stringent criteria to take care of the
three female elephants.

The move was made in the best interest of the animals and not because of recent flood damage to the zoo, according to officials.

The
decision to move the animals was made last April because the island
that houses the zoo cannot accommodate a large herd, and
elephant welfare is better served by being part of a larger social
group.

A no nonsense look at the keeping of elephants in zoos, with a focus on the plight of Lucy at the Edmonton Valley Zoo and the three surviving elephants at the Toronto Zoo.

SHOW DESCRIPTION:

In the trade they call elephants Charismatic Mega Fauna -- huge
majestic animals that help the industry draw millions of people each
year. The fact is that Zoos and Aquariums are big business, generating
more revenue than all professional sports leagues in the U.S. and Canada
combined, according to industry insiders. Yet all is not well with the
gentle giants in Canadian zoos. A heated controversy has erupted over
what to do with zoo elephants when they are ready to retire.

This week on the fifth estate, Bob Mckeown looks at the
bitter fight over elephants in captivity and what zoos will do to keep
them. Weighing in on this controversy are Hollywood stars like Bob
Barker and William Shatner, who are out to rescue aging elephants from
Canada's cold climes and move them to an animal sanctuary in Northern
California where they can peacefully live out their lives.

"Canada is a wonderful place and I love Canadians. I loved them on
the The Price is Right and I love the country. But it ain't no place for
elephants." says Bob Barker, former host of The Price is Right and animal activist.

Cold climates, tight enclosures, little exercise -- it's a far cry
from the vast hot expanses of elephants' natural environments. Battle
lines have been drawn from Edmonton to Toronto with zoos facing off
against experts who say a cage is no place for these gigantic yet
graceful giants. Could Canada's elephants be the beginning of the end
for the world's zoos?

NOTE: Today, the Supreme Court of Canada said it will not hear the case regarding Lucy the
elephant. Once again, the City of Edmonton and the Valley Zoo get lucky
and avoid being put in a position where they actually have to defend
their multitude of nonsensical claims about Lucy. Despite the ruling, the
campaign to relocate Lucy will proceed full steam ahead.

----------------------------------

Top court won't hear Lucy the elephant case

Lucy the elephant appears to be staying put after a ruling from the Supreme Court of Canada on Thursday that it will not hear a case regarding her future.

The court rejected an application to hear the case between animal-rights activists, who want the elephant moved, and the City of Edmonton, which owns the Edmonton Valley Zoo where Lucy lives.

Lucy's plight has been in the spotlight for years, with several celebrities publicly calling for her relocation, including former The Price is Right host Bob Barker, ex-NHL enforcer George Laraque and William Shatner.

Activists, including People for the Ethical Treatment of Animals (PETA) and Zoocheck Canada, launched a lawsuit in 2010, asking the court to declare the zoo's lone elephant was in distress. They said Lucy should be moved to a warmer climate where she could be around other elephants.

The zoo has said the 36-year-old Asian elephant is in no condition to move due to a respiratory condition.

"Moving Lucy would be life-threatening and this is a risk that we cannot and will not take," the zoo said in a recent statement.

But activists disagree and say Lucy's living conditions at the Edmonton Valley Zoo are exacerbating her ailments.

"Her health, in fact, is the reason she must be moved," said Julie Woodyer, campaign director for Zoocheck Canada.

"She continues to decline there and, if she's not moved, she'll die."

The Edmonton Humane Society investigated and, in early 2011, declared Lucy was being adequately cared for at the zoo.

Woodyer said Zoocheck will not end its campaign to move the elephant, however.

"We're not going to give up on Lucy," she said.

The Edmonton Valley Zoo moved their African elephant, Samantha, to a breeding program at the North Carolina Zoo in 2007.

Note: Below is the statement from the Valley Zoo regarding Lucy. Nothing at all new. The Valley Zoo continues to claim that Lucy is unable to be moved due to a "mysterious" health condition that still, after all these years, they cannot diagnose. The Valley Zoo also reiterates their intention to cease the keeping of elephants at their facility but, at the same time, state that they are committed to forcing Lucy to remain at their zoo, where she lives an impoverished, solitary life.

Calgary Zoo and Edmonton Valley Zoo Both Making Decisions in Best Interest of Their Elephants

Edmonton Valley Zoo Director Denise Prefontaine released the following statement in response to Calgary Zoo officials announcing its long-term plan to relocate its elephants to another accredited facility:

“The Edmonton Valley Zoo supports the decision by our colleagues at the Calgary Zoo to develop a long-term plan for moving their elephants to a larger facility with a larger herd. Their position to eventually not house elephants is consistent with the previously announced decision of the Edmonton Valley Zoo.

Zoos are stewards of living, breathing animals and must be committed to the best interests of the individual animals. We firmly believe this, and as such support the Calgary Zoo for the careful long-term process they have made a commitment to follow.

Moving elephants can cause great stress to the animals, so deciding if and when to move elephants must be done carefully and thoughtfully and be based on what is right for the individual elephant.

The Edmonton Valley Zoo followed a thoughtful decision-making process before moving Samantha, the zoo’s African elephant, to become part of a breeding herd at the North Carolina Zoo in 2007. Our remaining Asian elephant Lucy is a calm and well-adjusted animal with a challenging and unique medical condition. Lucy has a respiratory condition which precludes any thought of placing her in a stressful situation, such as transporting her and/or placing her with unfamiliar caregivers or in an unfamiliar environment.

Moving Lucy would be life-threatening and this is a risk that we cannot and will not take.

So while the long-term goal of the Edmonton Valley Zoo – like the long-term goal of the Calgary Zoo – is to not have elephants, the current priority is Lucy’s health and overall well-being. The City of Edmonton and the Edmonton Valley Zoo will continue to make decisions in the best interest of Lucy. She will remain in Edmonton where we are committed to ensuring she will receive the most appropriate and best care possible.”

Long before there was a hit movie, children could remember reading Dr. Seuss’s story ofThe Lorax, about a determined orange creature who made them wonder whether anyone would speak for the trees. Back in the world of non-fiction, the Supreme Court of Canada is now being asked to consider whether anyone can speak for Lucy.

Lucy, a 35-year-old Asian elephant, was captured as a baby in Sri Lanka in 1977 and has been captive at the Edmonton Valley Zoo ever since. For 18 years, she had the company of an African elephant named Samantha, but in 2007, Samantha was sent to another zoo on a long-term breeding loan. Lucy now lives alone, and she is suffering.

Elephants are highly social and very intelligent, with complex physical, psychological and social needs. They require very large spaces, variegated natural terrain, pasture, lots of things to do and a moderate climate. Wild female elephants spend their entire lives in relatively stable family groups with their mothers, sisters, aunts, cousins and even their grandmothers.

Lucy is in solitary confinement. Prematurely aged because of her captivity, she suffers from health problems that the zoo has been unable to resolve. She lives in a small, barren enclosure, and she must endure Edmonton’s cold winters, confined indoors to even smaller concrete and rubber quarters when she’s not on display. Lucy has been offered a home at the highly respected California sanctuary where the Toronto Zoo’s three elephants will soon be retiring. The City of Edmonton, which owns the Valley Zoo, won’t let her go.

The local humane society won’t enforce the laws that are supposed to protect Lucy. Yet, as the law stands, nobody else is allowed to speak for her or to assert her interests in any formal way. She needed a good lawyer. Two animal protection organizations – Zoocheck Canada and People for the Ethical Treatment of Animals – and a resident of Edmonton hired one, Clayton Ruby. They brought an application in court for a declaration that the City of Edmonton is violating provincial zoo standards. Those standards prohibit keeping an animal in distress, and they specifically proscribe keeping female elephants alone.

The Alberta courts dismissed the case without considering its merits. The majority of the Court of Appeal said letting Lucy speak, or letting someone speak on her behalf, is unnecessary, contrary to precedent and should not be allowed.

But Chief Justice Catherine Fraser wrote a thoughtful and powerful dissent. It’s the most important legal development for animals in Canadian judicial history. She gave serious consideration to Lucy’s plight, and stressed that, when government refuses to abide by existing laws, it’s important for the rule of law that someone be able to bring an injustice before a court.

The Supreme Court is now considering whether it will hear Lucy’s case. The central issues before the court are not only Lucy’s right to justice but the right of Canadian citizens to have their laws respected and to go to court if the government itself doesn’t obey the law.

After reviewing the uncontroverted evidence of several experts, Chief Justice Fraser concluded that the evidence “packs a powerful punch. It holds up a mirror for all to see – provided one is prepared to look into the mirror. What it reveals is a disturbing image of the magnitude, gravity and persistence of Lucy’s ongoing health problems and the severity of the suffering she continues to endure from the conditions in which she has been confined. And it also exposes who is responsible for those conditions and that suffering.”

There’s still time for Canada’s judicial system to right this wrong. Lucy’s story could yet have a happy ending. InThe Lorax, the trees were saved because someone spoke for them. Will the Supreme Court let someone speak for Lucy?

Lesli Bisgould is an adjunct professor at the University of Toronto’s law faculty and author ofAnimals and the Law.